A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. From September 201 to September 2014, the Defendant, along with D (the suspension of indictment on December 17, 2015), was a person who operated a mobile phone store with D (the suspension of indictment on December 17, 2015), and entered into a contract on the consignment of a mobile phone with a mobile network operator with D and mobile phone sales store on October 201, and acted as if the general customers have secured a large number of customers, and then received a mobile phone from an agency directly operated by the mobile network operator, and then conspired to acquire the mobile phone, etc. by fraud without selling it to the general customers, by selling it with the public machine to the Philippines and the domestic medium phone buyers.

2. 피고인의 범행 피고인은 D과 함께 2015. 10. 29. 부산 남구 E에 ‘F’ 이라는 휴대폰 판매점을 개설하고 책상, 컴퓨터 등을 비치하여 마치 정상적인 휴대폰 판매점인 것처럼 외관을 꾸몄다.

A. On November 11, 2015, the Defendant committed the crime of fraud against the victim G, along with D, stated that “F” in the aforementioned “F” mobile phone sales store on November 11, 2015, the Defendant used the victim G (37 years old) to the effect that “B has been operating a mobile phone sales store, and, upon entering into a consignment contract with the victim, can sell a large number of cell phoness by attracting the mobile phone customers.”

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However, in fact, even if the defendant entered into a mobile phone sales contract with H agency and received a mobile phone terminal from the injured party, he did not intend to sell and open it to the general public, and only the mobile phone terminal supplied with the match was sold to the Philippines and the domestic middle and high-speed phone buyers and acquired the price by fraud.

Accordingly, the Defendant and D, as seen above, deceiving the victim, is equivalent to KRW 60 mobile phone 1 and market price of KRW 869,000 from the above “F” mobile phone sales store around November 16, 2015 from the victim.